A/HRC/58/49
Outside places of deprivation of liberty
(k)
To address the discrimination and insecurity faced by persons and
communities due to their religion or belief – especially where this is directed, condoned,
instigated or inadequately addressed by State authorities and/or is systematic and
institutionalized – and take preventive steps to abate the discrimination, threats and
violence against them. Timely responses and due diligence are required by the State
authorities for the prevention of coercion and ill-treatment, and for the provision of
effective remedies to victims;
(l)
To ensure the return of the bodies of deceased persons to their families, in
a timely fashion and respecting their dignity, so that they can be buried in accordance
with the rites and customs of their religion or belief and to uphold respect for, and the
protection of, cemeteries;
(m) To follow up to ensure that courts and supervisory bodies take careful
note of the evidence provided by family members in relation to religion or belief, in
order to seek to better recognize the pain suffered by loved ones who have been denied
the right to observe their beliefs in relation to the deceased;
Within places of deprivation of liberty
(n)
To ensure that detainees, including women and juveniles, can satisfy the
needs of their religious and spiritual life, in particular by attending the services or
meetings provided or by conducting their own services, and have possession of the
necessary books or items of religious observance and instruction.
86.
Where a detention facility contains sufficient numbers of persons of a given
religion, the Special Rapporteur recommends that qualified representatives of that
religion be allowed to hold regular services and to pay pastoral visits in private to
detainees at their request. Everyone should have the right to receive visits from a
qualified representative of the religion of their choice, as well as the right not to
participate in religious services and freely to decline religious education, counselling or
indoctrination.
87.
The Special Rapporteur calls upon regional human rights entities:
(a)
To review their norms (including relevant guidelines), and understanding
of those norms, regarding the prohibition of torture and ill-treatment and freedom of
religion or belief, including recognition of aggravated forms of torture or ill-treatment
tailored to degrade people based on their actual or perceived religion or belief and
practices;
(b)
To provide appropriate training opportunities to allow for a better
understanding of how these rights may be violated inside and outside places of
deprivation of liberty, and how the rights may be related and aggravate each other;
(c)
To examine cases regarding the prohibition of torture and ill-treatment
and freedom of religion or belief that have been prosecuted and remedied, and related
cases where they have not, with a view to obtaining a better understanding of any
protection gaps;
(d)
To further emphasize and reinforce the positive obligations of States with
regard to preventing violations of the prohibition of torture and ill-treatment and to
freedom of religion or belief;
88.
The Special Rapporteur calls upon ombudsperson institutions, national human
rights institutions, national preventive mechanisms and other independent authorities:
(a)
To examine national laws and legislation to ensure precision and scope,
according to international human rights norms, regarding both the prohibition of
torture and ill-treatment and freedom of religion or belief, and to make
recommendations in this regard;
(b)
To conduct inquiries into the activities of different government authorities
regarding respect for both sets of rights, both within places of deprivation of liberty and
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